SC Panel Urges Centre to Scrap Transgender Amendment Bill Over Rights Concerns

A panel appointed by the Supreme Court of India has recommended that the Centre withdraw the proposed Transgender Persons (Protection of Rights) Amendment Bill, 2026, citing serious concerns about its potential impact on the rights of transgender individuals.

The committee, chaired by former Delhi High Court judge Justice Asha Menon, was tasked with examining issues affecting the transgender community, including access to healthcare, employment, and public services. In its report to the Ministry of Social Justice and Empowerment, the panel flagged several provisions of the amendment as problematic and potentially unconstitutional.

One of the key objections raised by the panel is the proposed shift away from self-identification of gender, a principle upheld in the landmark NALSA v. Union of India ruling. The amendment introduces stricter criteria for gender recognition, including medical and biological requirements. According to the committee, this could compel transgender persons to undergo invasive procedures or medical verification to obtain official identity documents.

The panel noted that such provisions may violate fundamental rights guaranteed under the Constitution, particularly those related to dignity, privacy, and personal autonomy. It emphasized that the right to self-identify gender is central to ensuring equality and inclusion.

Additionally, the committee expressed concern over provisions requiring hospitals to share data related to gender-affirming procedures with government authorities. It warned that such measures could compromise sensitive personal information and infringe upon individuals’ privacy.

The report further highlighted that the proposed changes could create barriers for transgender persons in accessing welfare schemes, legal recognition, and essential services. These obstacles, it said, could reverse progress made since the enactment of the original 2019 law.

The panel’s recommendation comes amid increasing criticism of the amendment from activists and members of the transgender community, who argue that the bill undermines established legal protections and threatens to roll back hard-won rights.